I.J. and Department of the Army, U.S. Army Corps of Engineers, Memphis, TN (Board decision, October 6, 2022)

ECAB final decision. The Board dismissed this appeal because the worker identified a Board order rather than a recent adverse OWCP decision. It did not revisit the underlying compensation claim. The Board’s order becomes final after 30 days under 20 C.F.R. § 501.6(d). A party may petition the Board for reconsideration within 30 days of issuance unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

An Army Corps of Engineers worker appealed what he described as a March 24, 2022 OWCP decision. The Board found that the document from that date was its own earlier order. The most recent OWCP decision in the record was from February 2020, outside the 180-day appeal period. The Board dismissed the appeal without reviewing the compensation claim. It said it would address any reconsideration request concerning the earlier Board order separately.

Decision snapshot

• Authority: 20 C.F.R. § 501.3(e) requires an appeal within 180 days of an OWCP decision.
• Outcome: Appeal dismissed for lack of a recent final adverse OWCP decision.
• Key point: A prior Board order cannot serve as the OWCP decision needed for this appeal.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
I.J., Appellant
)
)
and ) Docket No. 22-0732
) Issued: October 6, 2022
DEPARTMENT OF THE ARMY, U.S. ARMY
)
CORPS OF ENGINEERS, Memphis, TN,
)
Employer
)
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
ALEC J. KOROMILAS, Chief Judge
PATRICIA H. FITZGERALD, Deputy Chief Judge VALERIE D. EVANS-HARRELL, Alternate Judge

On April 4, 2022 appellant sought an appeal from a purported March 24, 2022 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 22-0732.

The Board has duly considered the matter and notes that its jurisdiction is limited to the review of final adverse OWCP decisions issued under the Federal Employees’ Compensation Act (FECA).1 This jurisdiction encompasses any final decision issued by OWCP within 180 days of the date appellant filed his appeal. 2 The only document dated March 24, 2022 found in the case record is a Board order, not a decision of OWCP.3 The most recent OWCP decision of record is

1
5 U.S.C. § 8149, 20 C.F.R. §§ 501.2(c) and 501.3(a).
2
20 C.F.R. § 501.3(e) provides in pertinent part: “Any notice of appeal must be filed within 180 days from the date of issuance of a decision of the OWCP.” 3
To the extent that this appeal constitutes a timely petition for reconsideration of the Board’s March 24, 2022 order dismissing appeal in Docket No. 21-0467, the Board will address the petition by separate order. dated February 11, 2020.4 As there is no final adverse decision of OWCP issued within 180 days of the filing of this appeal, the Board concludes that the appeal as assigned Docket No. 22-0732 must be dismissed.5 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 22-0732 is dismissed.

Issued: October 6, 2022
Washington, DC

Alec J. Koromilas, Chief Judge
Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge Employees’ Compensation Appeals Board

4
The Board affirmed the February 11, 2020 decision. Docket No. 20-0812 (issued October 19, 2020), petition for recon. dismissed, Docket No. 20-0812 (issued March 24, 2022). 5 The Board’s decisions and orders are “final upon the expiration of 30 days from the date of their issuance.” 20 C.F.R. § 501.6(d).

2